(g)
"corporation" means The Rooms Corporation of Newfoundland
and Labrador
established under section 3;

(h)
"department", unless the context indicates otherwise, means the department presided over by the minister;

(i)
"division" means a division of the corporation referred to in section 18;

(j)
"historic artifact" means a work of nature or of humans that is primarily of value for its archaeological, palaeontological, prehistoric, historic, cultural, natural, scientific or aesthetic interest;

(k)
"minister", unless the context indicates otherwise, means the minister appointed under the Executive Council Act
to be responsible for this Act;

(l)
"museum" means the The Rooms Provincial Museum referred to in section 30; and

3.
(1) There is established as a corporation The Rooms Corporation of Newfoundland
and Labrador
, in this Act referred to as the corporation.

(2)
The corporation shall assume title to and shall be vested with all of the rights, liabilities, assets and property of The Rooms Corporation of Newfoundland
and Labrador Inc. established as a corporation under the Corporations Act
.

(a)
collect, preserve, present, exhibit and make available for research the historic artifacts, natural history specimens and archival records that represent and illustrate the significant history, culture and natural heritage of the province;

(b)
conduct research with respect to the history, natural history, culture and heritage of the province for the purposes of paragraph (a);

(c)
collect and present provincial, national and international contemporary and historic art;

(d)
advance and promote the works of contemporary visual artists of the province;

(e)
support the development of cultural industries in the province;

(f)
strengthen the culture of the province; and

(g)
provide and enhance client services and partnerships to promote the cultural collections of the province and to show other national and international collections.

6.
(1) In carrying out its objects under this Act, the corporation may

(a)
acquire by purchase or lease real, personal, movable and immovable property, including securities and hold, manage or dispose of them as the corporation may determine;

(b)
acquire by gift, bequest or devise real, personal, movable and immovable property, including securities and expend, administer or dispose of that property, subject to terms, if any, on which that property was given, bequeathed or devised to the corporation;

(c)
enter into partnership, sponsorship and other contractual agreements that further the objects of the corporation;

(d)
lease its property;

(e)
operate restaurants, special events, parking facilities, shops and other facilities for the use of the public and lease or otherwise make available, on terms and conditions that the corporation considers appropriate, those facilities or space;

(f)
expend money appropriated by the Legislature of the province for the purposes of the corporation;

(g)
expend money received by the corporation from its operations including money received by it from leasing or otherwise making available facilities or space referred to in paragraph (e);

(h)
establish classes of membership for the support of the corporation and its divisions and for that purpose may establish fee, donation and support amounts applicable to those classes;

(i)
charge fees for the purposes of the operation of the divisions and facilities of the corporation; and

(j)
generally, do and authorize those things that the corporation considers necessary for the attainment of its objects and the exercise of the powers of the corporation.

(2)
Property acquired by the corporation under paragraphs (1)(a) and (b) shall be acquired or accepted subject to the advice and direction of the director of a division established under Part II, III or IV intended to have the care and control of that property.

(3)
Notwithstanding paragraphs (1)(a) and (b), the corporation shall not acquire or sell real property without the prior consent, in writing, of the minister.

(4)
The corporation or a division of the corporation may conduct activities jointly with the department and may enter into agreements with respect to the shared funding of activities.

(5)
The deputy minister of the department may request that the corporation or a division of the corporation provide professional expertise and technical services to the department and the corporation or division shall comply with that request.

(6)
The corporation may apply for an order under the Rules of the Supreme Court, 1986
for the recovery of records, historic artifacts, art or other property to which the corporation is entitled.

7.
(1) The Lieutenant-Governor in Council shall appoint a board of directors of the corporation consisting of not fewer than 11 members.

(2)
[Rep. by 2016 cI-2.1 s22]

(3)
The Lieutenant-Governor in Council shall designate one member of the board to be the chairperson.

(4)
One member of the board appointed under subsection (1) shall be the deputy minister or an assistant deputy minister of the department.

(5)
The chairperson shall appoint a vice-chairperson, treasurer and secretary from among the board members in consultation with the board.

(5.1)
During the incapacity or absence of the chairperson or during a vacancy of the chairperson, the vice-chairperson has and may exercise the powers of the chairperson and shall perform his or her duties.

(6)
A member of the board shall hold office for 3 years and may be reappointed for a second term of 3 years.

(7)
Notwithstanding subsection (6), a member shall continue as a member of the board until he or she is reappointed or replaced.

(8)
[Rep. by 2008 c59 s3]

(9)
Notwithstanding subsection (1), a vacancy on the board does not impair the authority of the other members to conduct the affairs of the board and of the corporation.

(10)
Where a board member

(a)
misses a number of meetings, as prescribed in the by-laws, of the board; or

(b)
conducts himself or herself in a manner that is contrary to the by-laws,

his or her position as a member of the board may be declared to be vacant by a majority vote of the members of the board and the Lieutenant-Governor in Council shall fill that position where the absence of that director would bring the number of board members to fewer than 11.

(11)
A board member is not entitled to remuneration for his or her services but may be reimbursed by the corporation for reasonable expenses incurred in the performance of his or her duties in accordance with a scale for expenses for public employees.

8.
(1) The board has those powers and shall carry out those duties conferred or required under this Act or another Act of the province and shall implement the policies, systems and programs approved and directed by the minister and the Treasury Board.

(2)
The board has the general management of the corporation and may exercise the powers of the corporation.

(3)
The chairperson shall preside over all meetings of the board but during his or her absence or vacancy from the office of chairperson, the vice chairperson or another member elected by the board shall preside over meetings and may exercise the powers of the chairperson at that meeting.

(4)
The board may employ directors, managers, staff and employees of the corporation in the manner permitted by law as is considered necessary for the operations and purposes of the corporation in accordance with the budget approved by the minister for the financial year in which the chief executive officer, directors, managers, staff and other employees are employed with the corporation.

(5)
The board may appoint those committees consisting of members of the board or other persons that the board considers necessary for the management of the affairs of the corporation.

(6)
The board may establish and administer a fund for the purpose of supporting, preserving, acquiring and presenting collections for the corporation and its divisions and for the purpose of conducting programs and educating the public with respect to cultural resources that are determined by the corporation and the directors of its divisions to be of significance to the province.

(7)
The board may establish and incorporate a foundation for charitable purposes.

(8)
A corporation established by the board under the authority of subsection (7) shall apply for charitable status under
theIncome Tax Act
(Canada
).

9.
(1) The board shall adopt the by-laws of The Rooms Corporation of Newfoundland and Labrador Inc. referred to in subsection 3(2) and may, subject to the approval of the minister, amend its by-laws and make other by-laws

(a)
for the regulation of its proceedings;

(b)
for the establishment of special and standing committees of the board, the delegation to those committees of its duties and the fixing of a quorum for meetings of those committees;

(c)
for the establishment of advisory committees consisting of members of the board and persons other than those members; and

10.
(1) The Lieutenant-Governor in Council shall appoint, after consultation with the board, a chief executive officer of the corporation who shall hold office on the terms and conditions established by the Lieutenant-Governor in Council.

(2)
The chief executive officer

(a)
is responsible for the human resources, general direction, supervision and control of the finances and other business of the corporation and of the divisions of the corporation;

(b)
shall, on the direction of the board, consult with the public with respect to the strategic plan and the ongoing activities and operations of the corporation;

(c)
shall, on the direction of the board, attend meetings of the board;

(d)
shall operate under the direction of the board; and

(e)
has those other powers that may be conferred on him or her under this Act.

(3)
The general management, regulation and control of the archives, museum, art gallery and divisions of the corporation established under subsection 18(2) shall be exercised by the chief executive officer.

(4)
Notwithstanding another provision of this Act, the chief executive officer may, for the objects of the corporation, require the sharing of expertise and a co-ordination of effort among divisions with respect to the planning, exhibition and delivery of exhibit and educational services of the divisions.

(5)
If the chief executive officer is absent or unable to perform the duties of his or her office or that office is vacant, the Lieutenant-Governor in Council in consultation with the chairperson may authorise a person to act as chief executive officer until the chief executive officer returns or is replaced.

(e)
at the rates of interest, including interest on overdue interest; and

(f)
on the conditions, including conditions relating to discounts, premiums, charges and commissions,

that the corporation may determine.

(2)
The total of short term loans raised under subsection (1) and outstanding shall not exceed a limit or a purpose to be fixed by the Lieutenant-Governor in Council, and it is the duty of the minister to ensure that this total or purpose is not exceeded.

(3)
The Minister of Finance may unconditionally guarantee the

(a)
repayment of a sum raised under subsection (1);

(b)
payment of interest on a sum raised under subsection (1), including interest on overdue interest; and

(c)
payment of a premium.

(4)
The guarantees made under subsection (3) shall not exceed a limit to be fixed by the Lieutenant-Governor in Council, and it is the duty of the minister to see that this total is not exceeded.

(5)
A guarantee given under this section shall be in the form that the Minister of Finance approves and shall be signed on behalf of the province by the Minister of Finance.

(6)
Notwithstanding paragraph (1)(d), the corporation may, with the prior approval of the Lieutenant-Governor in Council, raise a short-term loan under this section for a period of more than 2 years.

17.
The chief executive officer and employees of the corporation shall be considered to be employed in the public service for the purposes of the Public Service Pensions Act, 1991
and the Public Service Collective Bargaining Act
shall apply to employees of the corporation.

19.
(1) A person who contravenes a provision of this Act or a regulation made under this Act, commits an offence and is liable on summary conviction to a fine of not less than $1,000 and not more than $50,000 and in default of payment to imprisonment for a term of not fewer than 3 months and not more than 18 months or to both a fine and imprisonment.

(2)
In addition to a penalty imposed under subsection (1) a judge may make an order that

(a)
the offender convicted of an offence under subsection (1) pay a fine equal to the judge’s estimated amount of monetary benefit that accrued to the offender as a result of his or her offence;

(b)
the offender convicted of an offence under subsection (1) pay a fine equal to the judge’s estimated amount necessary to restore and repair a record, historic artifact, natural history specimen or art damaged or altered during or as a consequence of the commission of the offence; and

(c)
a record, historic artifact, natural history specimen or art that is the subject of an offence be returned to the possession of the corporation.

(3)
Money paid into court as a result of an order under subsection (2) shall be paid out of the court to the corporation.

(b)
"director", unless the context indicates otherwise, means the Director of The Rooms Provincial Archives appointed under section 22;

(b.1)
"government record" means a record created by or received by a public body in the conduct of its affairs and includes a cabinet record, transitory record and an abandoned record;

(c)
"public body" means

(i)
a department created under the Executive Council Act
or a branch of the executive government of the province,

(ii)
a corporation, the ownership of which, or a majority of shares of which is vested in the Crown,

(iii)
a corporation, commission, board or other body, the majority of the members of which, or the majority of members of the board of directors of which are appointed under an Act of the province, the Lieutenant-Governor in Council or a minister of the Crown,

(iv)
a court established under an Act of the province, and

(v)
the House of Assembly and committees of the House of Assembly;

(d)
[Rep. by 2008 c55 s2]

(e)
"record management" means a program of record and information management instituted to provide an economical and efficient system for the creation, maintenance, retrieval and disposal of government records; and

(f)
"transitory record" means a government record of temporary usefulness in any format or medium having no ongoing value beyond an immediate and minor transaction or the preparation of a subsequent record.

21.
(1) The Provincial Archives of Newfoundland
and Labrador
is continued as The Rooms Provincial Archives and is a division of the corporation.

(2)
The corporation shall assume for the archives all the rights, liabilities, assets and property of the Provincial Archives of Newfoundland and Labrador
.

(3)
The archives shall include all records in the care and control of the director.

(4)
The archives shall be the official repository for the archival records of public bodies.

(4.1)
In those circumstances when an archival record is such that it is not practical or feasible to store it in the archives, the director may designate another site as the official repository for that record.

(5)
Unless otherwise is demonstrated or agreed upon between the owner of the record and the director, records in the archives are the property of the Crown.

(6)
Notwithstanding subsection (4), where a public body produces, prints, publishes or releases a document for general or limited distribution to the public, that public body shall deposit that document with the Legislative Library of the House of Assembly.

(7)
Where the Director of Information Management for the House of Assembly considers a

(a)
document referred to in subsection (6); or

(b)
record,

that is deposited with the Legislative Library to be a government record, that Director shall ensure that the document or record is transferred to the archives.

(8)
Where the director has received a government record that he or she is of the opinion is a document as described in subsection (6), that director shall transfer that document to the Legislative Library of the House of Assembly.

22.
(1) There shall be a Director of The Rooms Provincial Archives who shall be the provincial archivist for the province and who shall be appointed by the chief executive officer and employed in the manner permitted by law.

(2)
The director shall

(a)
have the care and control of the archives and shall develop the programs of the archives;

(b)
consult and co-operate with the person referred to in subsection 5(3) of the Management of Information Act
to ensure the efficient implementation of information management policies and procedures and the preservation of archival government records;

(c)
[Rep. by 2008 c55 s4]

(d)
make records available to the general public where in his or her opinion the physical condition of those records makes that availability feasible;

(e)
preserve records that the director considers to be of significance to the province;

(f)
discover, collect, manage and preserve records having a bearing upon the history of the province including records originating from private sources;

(g)
arrange and describe all records in his or her care and control;

(g.1)
receive abandoned records determined by the chief information officer to be abandoned records, and dispose of the records in accordance with the Management of Information Act
;

(h)
subject to the approval of the chief executive officer, dispose of records as required and in accordance with record disposal standards and recommendations of the committee established under section 5.1 of the Management of Information Act
;

(i)
operate the archives within the budget allocated by the board to the archives; and

(j)
perform those other duties that are necessary to the functioning of the archives.

24.
(1) A public body that wishes to respond to a request under section 11
of the Access to Information and Protection of Privacy Act, 2015
with respect to a government record that it intends to transfer to the archives shall transfer that record to the archives with instructions, in writing, that all requests for access to that record be transferred to it in accordance with section 14
of the Access to Information and Protection of Privacy Act, 2015
, and the Access to Information and Protection of Privacy Act, 2015
shall apply to that record as if it was still under the care and control of that public body.

(2)
Where, in accordance with subsection (1),
the director receives instructions from a public body to restrict access to a government record, the director shall comply with those instructions.

25.
The signature of the director on a copy of a record is proof of the fact that the record exists and is lawfully in the director’s possession and a copy so signed is a true copy of the original record.

25.1
A person shall not, except with the written consent of the director and the approval of the chief executive officer, the board of directors and the minister, remove, dispose of or destroy archival records.

30.
(1) The Provincial Museum of Newfoundland
and Labrador
is continued as The Rooms Provincial Museum and is a division of the corporation.

(2)
The corporation shall assume for the museum all the rights, liabilities, assets and property of the Newfoundland
and LabradorMuseum
.

(3)
The museum shall include all the historic artifacts and natural history specimens in the care and control of the director.

(4)
The purpose of the museum is to

(a)
collect, catalogue, conserve, preserve, study and exhibit historic artifacts and natural history specimens of significance to the province; and

(b)
enlighten and educate people respecting the history of the province.

(5)
Unless otherwise is demonstrated or agreed upon between the owner of the artifact or specimen and the director, historic artifacts and natural history specimens in the museum are the property of the Crown.

31.
(1) There shall be a director of the museum who shall be appointed by the chief executive officer and employed in the manner permitted by law.

(2)
The director shall

(a)
have the care and control of the museum and shall develop the programs of the museum;

(b)
make historic artifacts and natural history specimens under his or her control available to the general public where in his or her opinion the physical condition of those artifacts and specimens makes that availability feasible;

(c)
exhibit in the province historic artifacts and natural history specimens;

(d)
acquire, discover, collect, manage and preserve historic artifacts and natural history specimens having a bearing upon the history of the province;

(e)
operate the museum within the budget allocated by the board to the museum; and

(f)
perform those other duties that are necessary to the functioning of the museum.

(3)
The director may

(a)
lend historic artifacts and natural history specimens that are the property of the Crown to other institutions inside and outside the province;

(b)
borrow historic artifacts and natural history specimens from other institutions inside and outside the province;

(c)
enter into custodial and other agreements for the loan, lease or borrowing of historic artifacts and natural history specimens for the purposes of the museum; and

(d)
enter into exhibition agreements for historic artifacts and natural history specimens for the purposes of the museum.

32.
(1) A person shall not, except with the written consent of the director and the approval of the chief executive officer, the board of directors and the minister, move, destroy, alter or interfere with, remove from the corporation or agree to remove from the corporation, an historic artifact or natural history specimen that is in the care and control of the director.

(2)
Notwithstanding subsection (1), a person may move and remove an historic artifact or natural history specimen in accordance with a loan or lease agreement entered into by the director in the normal course of the operations of the museum.

35.
(1) There shall be a Director of The Rooms Provincial Art Gallery for the province who shall be appointed by the chief executive officer and employed in the manner permitted by law.

(2)
The director shall

(a)
have the care and control of the art gallery;

(b)
make art under his or her control available to the public through exhibition in the province and by loan or lease to other jurisdictions outside the province where in his or her opinion the physical condition of that art makes that availability feasible;

(c)
recommend the acquisition of art by the corporation;

(d)
arrange for the exhibit of art created both in and outside the province;

(e)
develop and maintain a collections policy and procedures based upon national standards for the art under the care and control of the art gallery;

(f)
operate the art gallery within the budget allocated by the board to the art gallery; and

(g)
perform those other duties that are necessary to the functioning of the art gallery.

(3)
The director may

(a)
subject to an agreement lend art under the care and control of the art gallery to and borrow art from other institutions and individuals both in and outside the province;

(b)
enter into custodial agreements for the loan, lease and borrowing of art; and

(c)
enter into lease and loan agreements for the exhibition of art under the control of the art gallery.

36.
(1) A person shall not, except with the written consent of the director and the approval of the chief executive officer, the board of directors and the minister, move, destroy, alter or interfere with, remove from the corporation or agree to the remove from the corporation art that is in the care and control of the director.

(2)
Notwithstanding subsection (1), a person may move and remove art in accordance with a loan or lease agreement entered into by the director in the normal course of the operations of the art gallery.